. >> brian: a man who has not made up his mind on that, judge andrew napolitano. he's deliberating about it. >> you know better than anybody on the planet i made up my mind. we did battle on this on a wonderful radio show called kilmeade and friends. >> brian: you get up in the morning fighting this thing. >> i do get up in the morning fighting when the government takes freedom and when it does it stealthily. the house of representatives passed this last month without any vote -- excuse me, with a vote, but without debate whatsoever. what is this? this is aven extension of the fisa law, which was amended by the patriot act, which basically says the government does not need a search warrant to listen to the phone call of any foreign person outside the united states when they're talking to somebody in the united states. so if you call a cousin in europe or a business colleague in asia, the federal government can listen to what you say. if you e-mail them, they can read the e-mail. they don't need record or suspicion. your privacy shot. >> gretchen: what about if all